Actual Bodily Harm Flashcards
what is abh?
an injury but isn’t serious
what is abh defined under?
s47 Offences Against the Person Act 1861 (OAPA)
what does the OAPA define ABH as?
a common assault that occasions abh
how many parts of the AR of ABH split into?
3
AR: stage 1 - ABH
the d must have committed a common assault or battery (must then explain the AR of which that applies)
AR: stage 1 - ABH - who defines assault and what do they say?
lord goff (collins v willcock):an act which causes the V to apprehend immediate unlawful force
ACT: (ireland) + written words ? (constanza)
APPREHENSION :(lamb) +jokes? (logden)
IMMEDIATE THREAT OF FORCE: (smith) + words cancel assault? (tuberville v savage)
AR: stage 1 - ABH - who defines battery and what do they say?
lord goff (collins v wilcock) - infliction of unlawful force
TOUCHING (collins v wilcock lord goff quote) + clothing? (thomas) + indirect touching (martin)
UNLAWFUL TOUCHING (wilson v pringle)
AR: stage 2 - ABH
the assault/battery must have occasioned the injuries
(and any causation issues)
AR: stage 3 - ABH
the V must have ABH injuries
examples of ABH injuries
(hint: 7 injuries)
- extensive/multiple bruising
- temporary loss of sensory function
- psychiatric injury- mild or temporary (ireland/burstow)
- broken nose, toes, fingers, or a hair line fraction of a bone
- temporary loss of consciousness (fainting)- TvDPP
- cutting the V’s hair
- minor cuts requiring medical treatment
- chipped/ loss of tooth
ABH MR rule
savage - only the MR for assault for assault or battery is needed
ABH MR - assault
intention (mohan) or recklessness (cunningham) to do an act which causes the V to apprehend immediate unlawful force (venna)
ABR MR - battery
intention (mohan) or recklessness (cunningham) to inflict unlawful force on the V (venna)
